According to different ways of writing and expression, legal documents can be divided into

There are many ways to write legal documents. If divided according to different writing and expression methods, legal documents can be divided into narrative documents, fill-in-the-blank documents, tabular documents and transcript documents. .

Legal basis:

"Notice on Amending and Supplementing the Style of Certain Criminal Legal Documents"

Legal documents refer to my country's public security agencies (including national security agencies) Legal documents produced in accordance with the law by procuratorates, courts, prisons or reform-through-labour agencies, notary agencies, and arbitration agencies to handle various litigation cases and non-litigation cases, and documents with legal effect or written by the parties to the case, lawyers and law firms themselves or on behalf of them. The general term for instruments of significance, that is, the general term for all non-normative legal instruments other than normative legal instruments (various laws promulgated by the national legislature). The purpose of a legal document: It is the purpose of making a document and the central idea of ??the document. It plays a role in guiding and informing the full text of the document.

Classification of legal documents:

①According to different production entities, they can be divided into: investigation documents, inspection documents, litigation documents, notarization documents, arbitration documents, and lawyer practice documents;< /p>

② Based on different writing and expression methods, they can be divided into narrative documents, fill-in-the-blank documents, tabular documents and transcript documents;

③According to different types of writing, they can be They are divided into report documents, notification documents, judgment documents, ruling documents, decision documents, etc.

The main characteristics of legal documents:

① Legality of production;

② Formulaicity of form;

③ Legality of content sex;

④The accuracy of language;

⑤The effectiveness of use.

The programmatic characteristics of form are mainly reflected in two aspects: fixed structure and idioms.

The fixed structure of legal documents is divided into three parts: header, body, and tail. The specific content of each part is:

The header includes

①Producing agency , text name, number

②Basic information of the parties

③Cause of case, trial process, etc.;

The main text includes

①Facts of the case

②Reasons for processing (request)

③Opinions for processing (request);

The tail includes

①Explain relevant matters

②Signature, date and seal

③Notes.

The role of legal documents:

①An important means to implement the law;

②Vivid teaching materials for legal publicity;

③ Loyal records of relevant legal activities;

④An important criterion for comprehensive assessment of cadres.

The main elements that should be stated in legal documents when describing facts: When describing facts in criminal cases, legal documents are required to state the time and place of the crime (referring to the facts constituting the crime), the perpetrator and the victim, the purpose of the crime, Motive, plot, means, consequences, attitude of the perpetrator and evidence, etc. The case narrative of civil and administrative cases focuses on the dispute facts between the parties, including the content of the dispute, the time and place of its occurrence, the people involved, the development process of the dispute (cause, process, outcome), the parties’ Disputing opinions and evidence.

Specific requirements for language in legal documents:

①Precise meaning and single explanation;

②Concise writing, concise and comprehensive;

③ The writing style is simple and the style is solemn;

④ The language is standardized and the sentences are regular;

⑤ The praise and criticism are appropriate, and love and hate are clear;

⑥ Avoid language taboos. .

In the use of language in legal document writing, the most common common language problems are: avoid using dialects, avoid using slang, and avoid using swear words.

Investigation documents

Investigation documents are documents with legal effect or legal significance that are produced or recognized by the public security organs in accordance with the law in criminal proceedings. The documents produced by the public security organs in the process of exercising their powers mainly include criminal litigation documents and public security management penalty documents.

According to the classification method of investigation and case handling procedures, current investigation documents can be divided into:

① Case filing and case solving type;

② Lawyer intervention type;

③Compulsory measures;

④Interrogation of criminal suspects;

⑤Investigation and evidence collection;

⑥Extension of detention period;

⑦ Investigation termination category;

⑧ Supplementary investigation, reconsideration and review category.

Basic requirements for reconnaissance document writing:

①The content must be true;

②The time must be timely.

The true content of the reconnaissance document includes:

①The basic information of the relevant personnel involved in the reconnaissance document must be true;

②The facts listed in the reconnaissance document must be true; ③ The evidence listed in the investigation document must be true.

Registration Form for Acceptance of Criminal Cases

Registration Form for Acceptance of Criminal Cases is a legal document produced by the public security and judicial organs when they accept reports, accusations, reports from citizens or the surrender of criminal suspects. The circumstances that should be stated in the "Brief Case Facts" section of the criminal case registration form:

①The source of the case;

②The known case circumstances;

③The damage consequences caused by criminal acts, including the victim’s injury, how many items were lost, and the characteristics of the damaged items, etc.

Criminal Case Filing Report

Criminal Case Filing Report is a report that investigators of the public security organ decide upon after reviewing the materials received from reports, accusations, reports, and surrenders. Documents that meet the conditions for filing a case and submit it to the leader for approval to decide whether to file the case for investigation. The main text of the criminal case filing report includes: case acceptance status, basis for filing the case, reasons for filing the case, and investigation plan. Criminal case filing reports are generally used for major and extremely large cases.

Criminal case detection report

Criminal case detection report refers to the criminal case investigation department of the public security organ that has ascertained the criminal facts, identified the criminal suspect, and collected conclusive evidence. case, and submit legal documents to the leadership for approval to solve the case. Contents that should be stated in the main text of the criminal case detection report:

①The investigation results of the case;

②The reasons and basis for solving the case;

③The reasons for solving the case Organize the division of labor and methodological steps;

④Other measures to solve the case and suggestions for the next step of work.

Requesting a summons report

Requesting a summons report means that during the investigation process, the unit handling the case needs the criminal suspect to come to the case for questioning and submit it to the person in charge of the public security organ at or above the county level. Approval documents. Summons: It refers to the document used by the public security organs to summon criminal suspects to the case for questioning in accordance with the law during the investigation process.

Decision on bail pending trial

Decision on bail pending trial refers to a document that certifies that the public security organ takes measures to release a criminal suspect on bail pending trial in accordance with the law during the investigation process. Letter of Guarantee: It refers to a legally binding document issued by the guarantor to the authority that decides on bail pending trial to ensure that the criminal suspect will not evade investigation, prosecution and trial during the period of bail pending trial, and is available at any time.

Residential Surveillance Decision Letter

Residential Surveillance Decision Letter refers to the document produced by the public security organ when it decides to adopt residential surveillance measures against a criminal suspect. Letter of authorization for residential surveillance: refers to the document in which the public security organ entrusts the police station at the residence of the criminal suspect to monitor his activities when deciding to adopt residential surveillance measures against a criminal suspect. Detention report petition: refers to a document produced by the unit handling the case when it is necessary to take detention measures against current criminals or major suspects and submitted to the person in charge of the public security organ at or above the county level for review and approval.

Detention Warrant

Detention Warrant refers to a legally binding document produced by the public security organ when detaining a detainee in accordance with the law. The detention warrant not only proves the identity of the investigators who carried out the detention and the legality of the detention activities, but is also strictly mandatory. Arrest Warrant: It is a legal document used by the public security organs when making an arrest.

A petition for arrest approval

A petition for arrest approval is a document that the public security organs, in accordance with the laws of our country, submit to the people at the same level for a criminal suspect who has evidence to prove the crime and it is necessary to arrest him. The prosecutor's office examines the documents prepared to authorize the arrest.

When the public security organ prepares an arrest warrant, the criminal suspect must meet the following conditions:

① There is evidence to prove the facts of the crime;

② A possible prison sentence The above penalties;

③The adoption of compulsory measures such as bail pending trial and residential surveillance are not enough to prevent social harm. Requirements for writing the criminal facts part of the arrest application letter:

First, it must reflect the criminal facts;

Second, it must reflect the evidence proving the criminal facts.

Wanted Warrant

Wanted Warrant is a document produced by the public security organs for the purpose of arresting criminal suspects who are on the run or detained, escaped after arrest, and criminals who escaped from prison. A legal document. It is legally enforceable. The wanted objects of the arrest warrant include: criminal suspects who deserve to be arrested but are on the run, or criminal suspects who escaped after being detained and arrested; criminals who escaped from prison.

Based on the needs of the case, the methods of issuing the arrest warrant include:

①Issuing the arrest warrant to relevant units;

②Publishing it through the news media;

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③ Post the wanted notice in relevant places and make the wanted notice public to the whole society.

Report on petition for extension of detention period: When the investigators of the public security agency failed to obtain evidence proving the criminal suspect’s crime within 3 days when hearing the detention case, the report must be submitted to the person in charge of the public security agency at or above the county level for approval. Document issued to extend the period of detention. When a detained person believes that arrest is necessary, the special circumstances under which the review and approval time can be extended include:

① The criminal suspect’s behavior constitutes a major suspicion of a crime, but the criminal facts have not yet been ascertained;

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②The case is complicated and the collection of evidence materials is not enough to request approval for arrest;

③The "appraisal conclusion" as the main evidence for determining the facts of the case has not yet been made, which affects the determination of the nature of the case.

A letter of opinion requesting approval to extend the period of investigation and detention: This is a document produced by the public security organ when it submits a request to the superior People’s Procuratorate to extend the period of investigation and detention of a criminal suspect. In the opinion requesting approval to extend the period of investigation and detention, the contents that should be stated include:

①Brief information about the case;

②The reasons for requesting approval of the extension;

< p>③Basis for requesting approval of extension;

④Specific extension requirements.

The cases that can be extended for two months include:

①Major and complex cases in remote areas with very inconvenient transportation;

②Major criminal group cases;< /p>

③Major and complex cases where crimes are committed;

④Major and complex cases where the crime involves a wide range of crimes and it is difficult to obtain evidence.

Report on petition for approval to recalculate the period of investigation and detention: During the investigation process, the case-handling unit discovers that the suspect who has been arrested and detained has committed another important crime, and it submits a petition to the person in charge of the public security organ at or above the county level for approval in accordance with the law. Document calculating the period of investigation and detention. When making this document, the following conditions must be met:

① During the investigation, it must be discovered that the criminal suspect has committed other important criminal acts in addition to the criminal acts listed in the arrest petition;

② Cases where it is necessary to recalculate the period of investigation and detention;

③ It must be a case in which a new crime is discovered during the investigation.

Prosecution Opinion

The Prosecution Opinion is when the public security organ concludes the investigation of the case and believes that the criminal suspect is suspected of a certain crime and should be held criminally responsible and transferred to the People's Procuratorate at the same level for review. documents produced at the time. Contents that should be stated in the main body of the prosecution opinion: including the criminal facts and the reasons and legal basis for the prosecution opinion.

The main methods of describing criminal facts when preparing a prosecution opinion are:

① Narrate in chronological order, that is, narrate in the order of the time when the criminal suspect committed the crime;

② Narrate according to the nature of the crime, that is, narrate according to the severity of the nature of the suspect's crime. Write the felony first, then the misdemeanor;

③ Narrate according to the comprehensive induction method;

④Use multiple writing methods together.

Issues that should be paid attention to when preparing a prosecution opinion:

⑴ Objectively reflect the case situation; it should be done:

① It should be based on facts;

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② Materials that have not been reviewed and verified cannot be used in prosecution opinions;

③ When quoting the criminal suspect’s confession and witness testimony, they cannot be quoted out of context or generalized. They must be Keep the original intention;

④The description of the criminal suspect’s crime facts must be clear and specific.

⑵ Accurately identify the facts of the crime;

⑶ Correctly distinguish the boundaries between crime and non-crime.

Notice of Cancellation of Case: It is a document issued by the public security organ to notify the People’s Procuratorate that originally approved the arrest of the case when it finds that the suspect arrested with the approval of the People’s Procuratorate should not be held criminally responsible. Conditions that must be met to prepare a notice of case withdrawal:

① The criminal suspect’s behavior does not constitute a crime or there are circumstances that exempt him from punishment;

② The criminal suspect has been arrested and detained.

What should be written in the body of the notice of withdrawal of the case:

①Cause of action;

②Reasons for withdrawing the case;

③Legal in accordance with.

Supplementary investigation report: It is a document produced by the public security organ to report the results of the supplementary investigation to the People's Procuratorate that decides to return the case for supplementary investigation. Request for Reconsideration Opinion: This is a document produced by the public security organ when it considers that the decision of the People's Procuratorate at the same level not to approve an arrest or not to prosecute is erroneous, and requires the People's Procuratorate at the same level to reconsider its original decision in accordance with the law.

Request for review opinion

A review opinion letter is a request for review by the public security organ that has not been accepted by the People’s Procuratorate at the same level and it believes that the review decision of the People’s Procuratorate at the same level is wrong. A document prepared to state the reasons to the People's Procuratorate at a higher level and request re-examination of the case. The conditions for making a request for review opinion are:

① It must be a case that has been reviewed;

② It must be a case where the public security organ’s opinion requesting review has not been accepted and it is deemed that there is no further review. necessary cases;

③ The public security agency that made the original request for review must be the original public security organ that made the request for review.

How to write a request for reconsideration opinion: it should state the cause of the case, the reasons for requesting reconsideration, and the legal basis and requirements for requesting reconsideration. How to write a letter of opinion requesting review: The cause of the case, the reasons and opinions for requesting review, and the legal basis and requirements for requesting review should be stated.